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Asked and Answered

Brown Act

“Briefings” on controversial project really serial meetings?

The planning commission was given six days to review a 117 page packet for a very controversial project for the gateway of our city, which has not been developed. The day before the commission hearing, the city manager held a series of "briefing" meetings with groups of the 2-3 planning commissioners at a time […]

August 18, 2010
Asked and Answered

Brown Act

Brown Act violations in closed session real-property negotiations

[…] be invalidated with a "Cure and Correct" letter due to incorrect closed session procedure. If so, how would the form letter be worded to accomplish this? Thanks for the response to my question. It appears that this violation may continue until the decision is brought to open session.One other question is as to the […]

September 8, 2016
Asked and Answered

Brown Act

Public Comment Limits Don’t Allow Time To Make Case

Our Irrigation District Board asks for input from the public on agenda items. However, the Board puts a five-minute limit on each individual. The staff has no limits on discussion time, but members of the audience are limited, even when making a case that disagrees with what staff is recommending. They are not very […]

May 29, 2010
Asked and Answered

Brown Act

When should “anticipated litigation” be agendized?

[…] to take the money back which would likely have bankrupted the City. This was made public two years later in April 2012. During that time, the only notice on the City Council Agenda was "Significant Exposure to Litigation Pursuant to California Government Code Section 54956.9B) (1 Anticipated Case)" which reoccurred from time to time. Since […]

February 3, 2014
Asked and Answered

Newsgathering

Does Ohio law allow videotaping of council meetings?

[…] a government body would have to restrict the subsequent dissemination of a lawfully made recording of a public meeting. Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. In responding to these inquiries, we can give general information regarding open government and […]

August 23, 2011
Asked and Answered

Brown Act

Is a Coordinating Committee exempt from the Brown Act?

[…] under the Planning Department of my County, convenes a coordinating sub-committee to review the Advisory Group's standing rules. The Coordinating Committee chairman does not follow Brown Act obligations (e.g. requirements for notice, agenda, etc.) because he maintains that the Committee is Ad Hoc. Is the Coordinating Committee subject to the stipulation of the Brown Act?

April 19, 2016
Asked and Answered

Brown Act

Public Comment Identification Requirements

Can an agency require a member of the public to state their name and address in order to address the agency on an agenda item?

June 14, 2009
Asked and Answered

Brown Act

Incoming Superintendent Sitting in on Closed Session

[…] session item on the appointment of a new principal last month. The incoming superintendent was the head of the search committee from the principal and it was his recommendation the board considered and approved. Was it legal for him to be in on the closed session item although his term as superintendent hasn't started yet?

June 14, 2009
Asked and Answered

Brown Act

How to cure and correct an improper action

[…] transmissions between a majority of its members prior to its meeting this week, of which I have copies. The City Attorney found out what was happening and told them to stop it since they were violating the Brown Act, but the meeting went forward anyway. How do we best proceed to get their decision undone?

June 14, 2009
Asked and Answered

Brown Act FOIA

Are the Board of Directors of our Apartment Complex subject to the Brown Act?

[…] exemption in the PRA or other state or federal law allowing it to withhold the records you seek, Gov't code § 6255, and that if you are forced to litigate this matter, you are entitled to attorneys' fees if you prevail. Govt. Code § 6259(d) ("The court shall award court costs and reasonable attorney […]

June 14, 2009